HC Deb 25 November 1971 vol 826 cc1552-9

1. The test of acceptability

The proposals set out below are conditional upon the British Government being satisfied that they are acceptable to the people of Rhodesia as a whole. The British Government will therefore appoint a Commission to ascertain directly from all sections of the population of Rhodesia whether or not these proposals are acceptable and to report accordingly to the British Government. It will consist of a Chairman, Deputy Chairmen and a number of Commissioners. The report will be signed by the Chairman and the Deputy Chairmen. The members of the Commission will travel extensively throughout the country visiting in particular all centres of population, local councils and traditional meeting places in the Tribal Trust Lands.

In the period before and during the test of acceptability normal political activities will be permitted to the satisfaction of the Commission, provided they are conducted in a peaceful and democratic manner. Radio and television time will be made available to political parties represented in the House of Assembly.

The Commission will carry out its inquiries in public or in private as it deems appropriate. There will be immunity for witnesses heard by the Commission in respect of their evidence and freedom for persons resident in Rhodesia, whatever their political views or affiliations, to enable them to appear before the Commission. All Rhodesian Government employees will be permitted to express their views to the Commission. Persons in detention or under restriction will be similarly permitted. Arrangements will be made in London and elsewhere as necessary for Rhodesians resident abroad to submit their views to the Commission.

The Rhodesian Government will provide the Commission with such assistance as may reasonably be required to enable them to carry out their functions.

II. The Constitution

The Constitution of Rhodesia will be the Constitution adopted in Rhodesia in 1969 modified in the following respects. The Rhodesian Government will introduce legislation to make the necessary modifications in the Constitution and related electoral legislation with effect from the date on which independence is conferred by the British Parliament.

(1) The House of Assembly

  1. (a) The existing provisions governing the increase of African representation in the House will be repealed and replaced by provisions to give effect to the arrangements set out in the following sub-paragraphs.
  2. (b) A new roll of African voters (the African higher roll) will be created with the same qualifications as those for the roll of European voters. The relevant means and educational qualifications are set out in Appendix I.
  3. (c) Additional African seats will be created, in accordance with the arrangements set out in the following subparagraphs, with effect from the dissolution of Parliament following the date on which it is established that any such seats are due. The seats will be filled at the general election consequent upon the dissolution of Parliament. However, the first four additional seats will be created and elections held to fill them as soon as it is established that they are due.
  4. (d) When the number of voters registered on the African higher roll equals 6 per cent. of the number of voters then registered on the European roll, two additional African seats will become due; when the number of voters registered on the African higher roll equals 12 per cent. of the number of voters then registered on the European roll, a further two additional African seats will become due; further additional African seats will become due two at a time, for each such proportionate increase of 6 per cent. in the number of voters registered on the African higher roll, until 34 additional African seats have been 1554 created, thus resulting in parity in the numbers of African and European members in the House of Assembly. This arrangement will ensure that at parity there are approximately equal numbers of voters on the African higher and European rolls.
  5. (e) The first two additional African seats will be filled by direct election for single-member constituencies by the voters registered on the African higher roll and the next two will be filled by indirect election by electoral colleges on the same basis as the existing eight African seats filled by indirect election. This sequence will be repeated in relation to subsequent additional African seats.
  6. (f) For the purpose of giving effect to the above arrangement the Registrar-General of Voters will review the number registered on the African higher roll and European roll at not more than six-monthly intervals, and whenever additional African seats have become due he will issue a certificate to that effect to the President and the President will then be required to make an order providing for the creation of those seats as described above.
  7. (g) The qualifications for the existing roll of African voters (the African lower roll) will be replaced by qualifications equivalent to those for the "B" roll under the 1961 Constitution subject to the financial qualifications being increased twice by 10 per cent. The relevant means and educational qualifications are set out in Appendix II.
  8. (h) The Rhodesian Government have agreed to a simplified application form for enrolment on the African lower roll, and to an amendment to the Electoral Act to provide that an applicant for the African lower roll shall, if he so requests, receive assistance from the registering officer in completing the form.
  9. (i) A candidate for election to an African higher roll seat will have to be registered as a voter on that roll, and a candidate for election to an African lower roll seat will have to be registered as a voter on one of the two African rolls.
  10. (j) Within one year after the holding of the general election at which parity is attained a referendum will be held among all enrolled African voters to determine whether or not the seats filled by indirect election should be abolished and replaced by an equal number of seats filled by direct election.

The new seats will all be African higher roll seats unless the Legislature has before the referendum provided for up to one-quarter of the new seats to be African lower roll seats. The Legislature may also provide that a specific number of the extra seats should be rural constituencies.

Laws providing for any of the matters mentioned in this paragraph, including the procedural arrangements for the holding of the referendum, would not have to be passed in accordance with the requirements for amending the Constitution; the only special requirement would be that in the House of Assembly they must be approved by a majority of all the African members.

If the majority of voters at the referendum is in favour of the abolition of the indirectly elected seats, an election to give effect to the change will be held within one year thereafter. It will be possible for an election to be held for this purpose without the dissolution of Parliament. If this course is adopted the indirectly elected African members and the African higher roll members and also, if the number of African lower roll seats is to be increased, the African lower roll members, will vacate their seats on the date appointed for the nomination of candidates in the election and Parliament will be prorogued from that date until the completion of the election.

(k) Not later than six months after the holding of that election or, if the result of the referendum is that the seats filled by indirect election are retained, after the completion of the referendum, an independent Commission will be appointed to ascertain whether the creation of Common Roll seats in accordance with the constitutional provisions described in subparagraph (l) below is acceptable to the people of Rhodesia and, if this is not so acceptable, whether any alternative arrangements would command general support. The commission will consist of a Chairman who holds or has held high judicial office, and equal numbers of European and African members appointed by the Government after consultation with all parties represented in the House of Assembly. The Commission will be required to report to the Legislature within one year of its appointment. A law to give effect to any recommendation of the Commission would have to be passed in accordance with the requirements for the amendment of the Constitution.

(l) The Constitution will provide that, with effect from the dissolution of Parliament following the date by which the Commission is required to report, 10 Common Roll seats in the House of Assembly will be created. The Common Roll seats will be filled by direct election by the voters on a roll consisting of all the voters for the time being registered on the European roll and the African higher roll. Elections to these seats will be conducted on the basis that the whole of Rhodesia will form a single constituency returning all the Common Roll members, and that each voter will have 10 votes which he may cast as he chooses amongst the candidates.

(2) The Senate

The Senate will continue to be constituted as at present. As a consequence of the establishment (see paragraph (3) below) of a new Declaration of Rights enforceable by the courts the Senate Legal Committee will be abolished.

(3) The Declaration of Rights

The existing Declaration of Rights will be replaced by a new Declaration affording protection to the fundamental rights and freedoms of the individual and conferring a right of access to the High Court for the purpose of obtaining redress on any person who alleges that its provisions have been contravened in relation to him. The text of the Declaration and the provisions for its enforcement are set out in Appendix III.*

(4) Renewal of Declarations of Emergency

Section 61 of the Constitution will be amended so as to reduce the period within which a Declaration of Emergency requires renewal by resolution of the House of Assembly from 12 months to 9 months.

(5) Amendment of the Constitution

  1. (a) The Rhodesian Government have given an assurance to the British Government that they will not introduce or support in the Rhodesian Parliament any amendment of the specially entrenched provisions of the Constitution relating to the composition of the House of Assembly or the specially entrenched provisions of the Electoral Act until the first two African higher roll seats have been created and filled or until three years have elapsed since the Constitutional changes provided for by these proposals have come into force, whichever is the sooner.
  2. (b) Until the date by which the Commission referred to in sub-paragraph (l)(k) above is required to report, or the date on which it reports if that is earlier, a Bill to amend any of the specially entrenched provisions of the Constitution will require, in addition to the existing requirements of the affirmation votes in each House of the Legislature of not less than two-thirds of the total membership of the House, the affirmative votes in the House of Assembly of a majority of the total European membership and of a majority of the total African membership.
  3. (c) The existing provision to the effect that a Bill to increase the number of members of the House of Assembly without altering the proportion of African members to the total number of members shall not on that account be regarded as amending a specially entrenched provision will be repealed.
  4. (d) The specially entrenched provisions of the Constitution will include:
    1. (i) The new provisions to give effect to the proposals in paragraph II(1) above;
    2. (ii) The new Declaration of Rights, including the provisions for its enforcement by the High Court;
    3. (iii) The amended Section 61 relating to Declarations of Emergency.
  5. (e) The following provisions of the Electoral Act will be subject to the same requirements as regards amendment as the specially entrenched provisions of the Constitution.
    1. (i) Those prescribing the qualifications and disqualifications for registration of voters on the European roll and both African rolls;
    2. (ii) Those prescribing the qualifications and disqualifications for candidates for election to the House of Assembly;
    3. (iii) The provision for variation of the means qualifications for voters in consequence of changes in prices; and
    4. (iv) The provisions prescribing the composition of the Tribal Electoral Colleges.

Section 26 of the Electoral Act, which provides for the gradual increase of means and educational qualifications for the existing African roll so that, when parity is reached, they are the same as those for the European roll, will be repealed.

III. Review of existing legislation

The Rhodesian Government have intimated to the British Government their firm intention, within the spirit of these proposals, to make progress towards ending racial discrimination. Accordingly an independent Commission will be set up to examine the question of racial discrimination. It will be required to consider existing legislation and to make recommendations to the Rhodesian Government on ways of making progress towards ending any racial discrimination. There shall be included in the functions of the Commission a special duty to scrutinise the provisions of the Land Tenure Act and to consider the possible creation of an independent and permanent Land Board to preside over the long-term resolutions of the problems involved. The terms of reference of the Commission, which will consist of three members, one of whom will be an African, are set out in Appendix IV. Its membership will he agreed with the British Government. The Commission will be established as soon as possible after the test of acceptability has been completed. its findings will be published.

The Rhodesian Government recognise that the findings of the Commission will carry special authority and have given an assurance that they will commend to Parliament such changes in existing legislation as are required to give effect to its recommendations, subject only to considerations that any Government would be obliged to regard as of an overriding character.

IV. Review of cases of detainees and restrictees

The Rhodesian Government stated that 23 detainees have been released since the end of March 1971, leaving 93 detainees and 2 restrictees (excluding 34 detainees who have been released on conditions). It is the Rhodesian Government's intention to release a further 31 detainees as soon as the necessary arrangements can be made.

Since the settlement will have created a new situation there will be a new special review of the cases of all detainees and restrictees to see whether, in the light of changed circumstances, they can be released or the restrictions can be removed without prejudice to the maintenance of public safety and public order. This review will be carried out by the existing tribunal, of which the Chairman is a Judge of the Rhodesian High Court, as soon as possible after the test of acceptability has been completed. The recommendations of the tribunal will be binding on the detaining or restricting authority. For the purposes of this special review an observer appointed by the British Government in agreement with the Rhodesian Government will be entitled to be present.

V. Land

In the African area there is at present approximately 5 million acres of unoccupied land which is available for settlement by Africans, 3 ½ million in the Tribal Trust Lands and 1½ million in the purchase area. Provision exists under which significant additional land can be made available and the Rhodesian Government intend to make it available as the need arises.

Both Governments agree that they will immediately devote a proportion of the aid referred to in paragraph VI of these pro-proposals to the improvement of areas cur-recently occupied or intended for occupation by Africans.

With the exception of certain forest and national park areas the development of which may involve the removal of a limited number of occupants without established rights, the only two cases in which the Rhodesian Government are considering the eviction of Africans from land in the European area are Epworth and Chishawasha Missions. The Rhodesian Government have given an assurance that they will not take steps to evict African tenants or other occupants from these two areas or from other areas in which they are living until such time as the Commission referred to in paragraph III above has reported and its recommendations have been fully considered.

VI. Development programme

The two Governments attach the greatest importance to the expansion of the economy of Rhodesia and, in particular, to stimulating economic growth in the Tribal Trust Lands. There will therefore be a development programme to increase significantly educational and job opportunities for Africans in order to enable them to play a growing part in the country's future development, and early discussions between the two Governments will be held to agree on this programme and the best means of implementing it.

The British Government will provide up to £5 million per year for a period of 10 years in capital aid and technical assistance to be applied to purposes and projects to be agreed with the Rhodesian Government to be matched appropriately by sums provided by the Rhodesian Government for this development programme. This will be in addition to the annual expenditure currently planned by the Rhodesian Government for African education and housing and for development projects in the Tribal Trust Lands and African Purchase Areas. Part of this development programme will be devoted to the establishement of new irrigation schemes, intensive cultivation projects, industrial projects and the improvement of communications in the Tribal Trust Lands and African Purchase Areas. As regards education, the moneys will be used to improve and expand facilities for Africans in agriculture, technical and vocational training, teacher training and training in administration and for other educational purposes in the field of primary, secondary and higher education.

The parallel development of the two elements in this programme will thus help to ensure that new job opportunities for Africans will become available as the economy expands and additional educational facilities are provided for them.

VII. Other matters

  1. (1) As vacancies occur in the Rhodesian Public Service they will be filled according to 1559 the criteria of merit and suitability, regardless of race. The Rhodesian Government have undertaken to take steps to enable an increasing number of Africans to fit themselves to compete on equal terms with candidates of other races so far as appointments or promotions are concerned.
  2. (2) Rhodesian citizens who have left Rhodesia for any reason will be allowed to return freely and without being subjected to any restrictions by reason of their past activities, but without amnesty in respect of any criminal offence.
  3. (3) The Rhodesian Government wish to revoke the state of emergency at the earliest opportunity. In the absence of unforeseen circumstances they will do so after sanctions against Rhodesia have been lifted.

VIII. Implementation

As soon as the British Government are satisfied that the legislation referred to in paragraph II above has been enacted and steps taken to give effect to the proposals in paragraphs III and IV above they will introduce legislation to confer independence on Rhodesia as a republic and will commend this legislation to the British Parliament. They will also terminate their economic and other sanctions when this legislation takes effect. Both Governments will take steps to settle outstanding financial and other issues and to regularise relations between the two countries and matters affecting the personal status of individuals.

Nothing in these proposals shall be regarded as implying any change in the current attitude of either side to the present status of Rhodesia or of the 1969 Constitution.

The above proposals are acceptable to the British and the Rhodesian Governments.

24 November, 1971.

* Not attached.

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